What happens if the certified copy of the foreign application is filed after the issue fee is paid?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If the certified copy of the foreign application is filed after the issue fee is paid but before the patent is granted, the following occurs:

• The priority claim or certified copy will be placed in the file record
• There will be no review of the papers
• The published patent will not include the priority claim

To have the priority claim considered after publication, a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 must be filed. For original applications filed under 35 U.S.C. 111(a), additional requirements may apply, such as a petition to accept an unintentionally delayed priority claim.

This is outlined in MPEP 215.03.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on certified copy, visit: certified copy.

For more information on issue fee, visit: issue fee.